Landlord's N12 Application Dismissed: Mcclement v Russell 2023

Dispute Summary

Landlords applied for an order to terminate the tenancy and evict Tenants because the Landlords in good faith require possession of the rental unit for the purpose of residential occupation for at least one year.

Determinations

• This is application is based on a N12 Notice of Termination - Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental
• The N12 Notice had a termination date of July 31, 2022
• The Landlords submitted a 'Declaration' dated June 8, 2022 that states that the Landlord in good faith requires possession of the rental unit for the purpose of their own residential occupation for a period of at least one year
• The Landlords submitted a copy of a 'Self-Employed Support Staff Agreement' which sets out the terms and conditions of employment and the living arrangements between the Landlords and Tenants
• The Agreement states that the employment arrangement is to provide care for the Landlord's daughter, the Landlords will provide accommodation to the Tenants as part of the employment agreement, the Landlord's daughter will live in the lower portion of the house, the Tenants will live in the upper portion of the house, the laundry room, which is located downstairs, was considered a shared space, the kitchen, which is located on the upper portion of the house is to be considered a shared space between the Tenants and the Landlord's daughter, including access to any food in the kitchen and the cooking appliances, and the Tenants are responsible for food preparation for the Landlord's daughter
• The Landlord's representative submitted that although the Landlord has served the Tenants with the required N12 Notice, the tenancy between Landlords and Tenants is exempt from the Residential Tenancies Act, 2006 (the 'Act') pursuant to Section 5(1) of the Act
• In this case uncontested submissions support that the kitchen is shared by the Tenants and the owners' child and that the Act does not apply